BIRMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed under Section 482 Cr.P.C. for quashing FIR No. 186/2014, registered with Police Station-Harsora, Dist.-Alwar for offence under section 41/42 of the Rajasthan Forest Act, 1953.

(2.) It is stated that police seized the tractor with trolley carrying 'Bazari'. The FIR was registered for offence under sections 41/42 of the Rajasthan Forest Act. The offence is not punishable beyond a period of three years thus FIR is not sustainable. The offence under section 41 of the Rajasthan Forest Act is non-cognizable thus investigating agency cannot proceed with the FIR. The prayer is to drop the proceedings by quashing impugned FIR.

(3.) Be that as it may, FIR has been registered for offence under sections 41/42 of the Act of 1953. Section 41 of the Act gives power to the State Government to make rules to regulate transit of forest produce and section 42 provides for penalty for breach of rules made under section 41. Both the sections are reproduced hereasunder-